Texas 2023 - 88th Regular

Texas House Bill HB3166 Compare Versions

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1	1	88R9072 AMF-F
2	2	By: Murr H.B. No. 3166
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Fifteenth Court of Appeals with
8	8	jurisdiction over certain civil cases, the compensation of the
9	9	justices of that court, and the jurisdiction of the courts of
10	10	appeals in this state; authorizing fees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. FIFTEENTH COURT OF APPEALS
13	13	SECTION 1.01. Section 22.201, Government Code, is amended
14	14	by amending Subsection (a) and adding Subsection (p) to read as
15	15	follows:
16	16	(a) The state is organized [divided] into 15 [14] courts of
17	17	appeals districts with a court of appeals in each district.
18	18	(p) The Fifteenth Court of Appeals District is composed of
19	19	all counties in this state.
20	20	SECTION 1.02. Subchapter C, Chapter 22, Government Code, is
21	21	amended by adding Section 22.2151 to read as follows:
22	22	Sec. 22.2151. FIFTEENTH COURT OF APPEALS. (a) The Court of
23	23	Appeals for the Fifteenth Court of Appeals District shall be held in
24	24	the City of Austin.
25	25	(b) The facilities made available to other courts of appeals
26	26	under this subchapter, including furnishings and equipment, shall
27	27	be made available to the Fifteenth Court of Appeals District and the
28	28	justices of that court without expense to this state.
29	29	(c) The Fifteenth Court of Appeals may transact its business
30	30	in any county in the district as the court determines is necessary
31	31	and convenient.
32	32	SECTION 1.03. Section 22.216, Government Code, is amended
33	33	by adding Subsection (n-1) to read as follows:
34	34	(n-1) The Court of Appeals for the Fifteenth Court of
35	35	Appeals District consists of a chief justice and of four justices
36	36	holding places numbered consecutively beginning with Place 2.
37	37	SECTION 1.04. Section 22.220, Government Code, is amended
38	38	by amending Subsection (a) and adding Subsection (d) to read as
39	39	follows:
40	40	(a) Except as provided by Subsection (d), each [Each] court
41	41	of appeals has appellate jurisdiction of all civil cases within its
42	42	district of which the district courts or county courts have
43	43	jurisdiction when the amount in controversy or the judgment
44	44	rendered exceeds $250, exclusive of interest and costs.
45	45	(d) The Court of Appeals for the Fifteenth Court of Appeals
46	46	District has exclusive intermediate appellate jurisdiction over
47	47	the following matters arising out of or related to a civil case:
48	48	(1) matters brought by or against the state or a board,
49	49	commission, department, office, or other agency in the executive
50	50	branch of the state government, including a university system or
51	51	institution of higher education as defined by Section 61.003,
52	52	Education Code, or by or against an officer or employee of the state
53	53	or a board, commission, department, office, or other agency in the
54	54	executive branch of the state government arising out of that
55	55	officer's or employee's official conduct, other than:
56	56	(A) a proceeding brought under the Family Code
57	57	and any related motion or proceeding;
58	58	(B) a proceeding brought under Chapter 7B or
59	59	Article 17.292, Code of Criminal Procedure;
60	60	(C) a proceeding brought against a district
61	61	attorney, a criminal district attorney, or a county attorney with
62	62	criminal jurisdiction;
63	63	(D) a proceeding relating to a mental health
64	64	commitment;
65	65	(E) a proceeding relating to civil asset
66	66	forfeiture;
67	67	(F) a condemnation proceeding for the
68	68	acquisition of land or a proceeding related to eminent domain;
69	69	(G) a proceeding brought under Chapter 125, Civil
70	70	Practice and Remedies Code, to enjoin a common nuisance;
71	71	(H) a proceeding brought under Chapter 55, Code
72	72	of Criminal Procedure;
73	73	(I) a proceeding under Chapter 22A, Government
74	74	Code;
75	75	(J) a proceeding brought under Subchapter E-1,
76	76	Chapter 411, Government Code;
77	77	(K) a proceeding brought under Chapter 21, Labor
78	78	Code;
79	79	(L) a removal action under Chapter 87, Local
80	80	Government Code; or
81	81	(M) a proceeding brought under Chapter 841,
82	82	Health and Safety Code;
83	83	(2) matters in which a party to the proceeding files a
84	84	petition, motion, or other pleading challenging the
85	85	constitutionality or validity of a state statute or rule and the
86	86	attorney general is a party to the case; and
87	87	(3) any other matter as provided by law.
88	88	SECTION 1.05. Section 22.221, Government Code, is amended
89	89	by amending Subsection (b) and adding Subsections (c) and (c-1) to
90	90	read as follows:
91	91	(b) Subject to Subsection (c-1), each [Each] court of
92	92	appeals for a court of appeals district may issue all writs of
93	93	mandamus, agreeable to the principles of law regulating those
94	94	writs, against [:
95	95	[(1)] a judge of a district, statutory county,
96	96	statutory probate county, or county court in the court of appeals
97	97	district[;
98	98	[(2) a judge of a district court who is acting as a
99	99	magistrate at a court of inquiry under Chapter 52, Code of Criminal
100	100	Procedure, in the court of appeals district; or
101	101	[(3) an associate judge of a district or county court
102	102	appointed by a judge under Chapter 201, Family Code, in the court of
103	103	appeals district for the judge who appointed the associate judge].
104	104	(c) Each court of appeals for a court of appeals district,
105	105	other than the Court of Appeals for the Fifteenth Court of Appeals
106	106	District, may issue all writs of mandamus, agreeable to the
107	107	principles of law regulating those writs, against:
108	108	(1) a judge of a district court who is acting as a
109	109	magistrate at a court of inquiry under Chapter 52, Code of Criminal
110	110	Procedure, in the court of appeals district; or
111	111	(2) an associate judge of a district or county court
112	112	appointed by a judge under Chapter 201, Family Code, in the court of
113	113	appeals district for the judge who appointed the associate judge.
114	114	(c-1) The original jurisdiction of the Court of Appeals for
115	115	the Fifteenth Court of Appeals District to issue writs is limited to
116	116	writs arising out of matters over which the court has exclusive
117	117	intermediate appellate jurisdiction under Section 22.220(d).
118	118	SECTION 1.06. Section 22.229(a), Government Code, is
119	119	amended to read as follows:
120	120	(a) An appellate judicial system fund is established for
121	121	each court of appeals, other than the Court of Appeals of the
122	122	Fifteenth Court of Appeals District, to:
123	123	(1) assist the court of appeals in the processing of
124	124	appeals filed with the court of appeals from the county courts,
125	125	statutory county courts, statutory probate courts, and district
126	126	courts in the counties the court of appeals serves; and
127	127	(2) defray costs and expenses incurred in the
128	128	operation of the court of appeals.
129	129	SECTION 1.07. Section 73.001, Government Code, is amended
130	130	to read as follows:
131	131	Sec. 73.001. AUTHORITY TO TRANSFER. (a) Except as provided
132	132	by Subsection (b), the [The] supreme court may order cases
133	133	transferred from one court of appeals to another at any time that,
134	134	in the opinion of the supreme court, there is good cause for the
135	135	transfer.
136	136	(b) The supreme court may not transfer any case or
137	137	proceeding properly filed in the Court of Appeals for the Fifteenth
138	138	Court of Appeals District to another court of appeals for the
139	139	purpose of equalizing the dockets of the courts of appeals.
140	140	(c) The supreme court may not transfer to the Court of
141	141	Appeals for the Fifteenth Court of Appeals District any case or
142	142	proceeding over which the Court of Appeals for the Fifteenth Court
143	143	of Appeals District does not have exclusive intermediate appellate
144	144	jurisdiction.
145	145	(d) The supreme court shall adopt rules for:
146	146	(1) transferring an appeal inappropriately filed in
147	147	the Fifteenth Court of Appeals to a court of appeals with
148	148	jurisdiction over the appeal; and
149	149	(2) transferring to the Fifteenth Court of Appeals
150	150	from another court of appeals the appeals over which the Fifteenth
151	151	Court of Appeals has exclusive intermediate appellate jurisdiction
152	152	under Section 22.220(d).
153	153	SECTION 1.08. Section 659.012(a), Government Code, is
154	154	amended to read as follows:
155	155	(a) Notwithstanding Section 659.011 and subject to
156	156	Subsections (b) and (b-1):
157	157	(1) a judge of a district court is entitled to an
158	158	annual base salary from the state as set by the General
159	159	Appropriations Act in an amount equal to at least $140,000, except
160	160	that the combined base salary of a district judge from all state and
161	161	county sources, including compensation for any extrajudicial
162	162	services performed on behalf of the county, may not exceed the
163	163	amount that is $5,000 less than the maximum combined base salary
164	164	from all state and county sources for a justice of a court of
165	165	appeals other than a chief justice as determined under this
166	166	subsection;
167	167	(2) except as provided by Subdivision (3), a justice
168	168	of a court of appeals other than the chief justice is entitled to an
169	169	annual base salary from the state in the amount equal to 110 percent
170	170	of the state base salary of a district judge as set by the General
171	171	Appropriations Act, except that the combined base salary of a
172	172	justice of the court of appeals other than the chief justice from
173	173	all state and county sources, including compensation for any
174	174	extrajudicial services performed on behalf of the county, may not
175	175	exceed the amount that is $5,000 less than the base salary for a
176	176	justice of the supreme court as determined under this subsection;
177	177	(3) a justice of the Court of Appeals for the Fifteenth
178	178	Court of Appeals District other than the chief justice is entitled
179	179	to an annual base salary from the state in the amount equal to
180	180	$5,000 less than 120 percent of the state base salary of a district
181	181	judge as set by the General Appropriations Act;
182	182	(4) a justice of the supreme court other than the chief
183	183	justice or a judge of the court of criminal appeals other than the
184	184	presiding judge is entitled to an annual base salary from the state
185	185	in the amount equal to 120 percent of the state base salary of a
186	186	district judge as set by the General Appropriations Act; and
187	187	(5) [(4)] the chief justice or presiding judge of an
188	188	appellate court is entitled to an annual base salary from the state
189	189	in the amount equal to $2,500 more than the state base salary
190	190	provided for the other justices or judges of the court, except that
191	191	the combined base salary of the chief justice of a court of appeals
192	192	from all state and county sources may not exceed the amount equal to
193	193	$2,500 less than the base salary for a justice of the supreme court
194	194	as determined under this subsection.
195	195	SECTION 1.09. Section 2001.038(f), Government Code, is
196	196	amended to read as follows:
197	197	(f) A Travis County district court in which an action is
198	198	brought under this section, on its own motion or the motion of any
199	199	party, may request transfer of the action to the Court of Appeals
200	200	for the Fifteenth [Third] Court of Appeals District if the district
201	201	court finds that the public interest requires a prompt,
202	202	authoritative determination of the validity or applicability of the
203	203	rule in question and the case would ordinarily be appealed. After
204	204	filing of the district court's request with the court of appeals,
205	205	transfer of the action may be granted by the court of appeals if it
206	206	agrees with the findings of the district court concerning the
207	207	application of the statutory standards to the action. On entry of
208	208	an order by the court of appeals granting transfer, the action is
209	209	transferred to the court of appeals for decision, and the validity
210	210	or applicability of the rule in question is subject to judicial
211	211	review by the court of appeals. The administrative record and the
212	212	district court record shall be filed by the district clerk with the
213	213	clerk of the court of appeals. The court of appeals may direct the
214	214	district court to conduct any necessary evidentiary hearings in
215	215	connection with the action.
216	216	SECTION 1.10. Section 2001.176(c), Government Code, is
217	217	amended to read as follows:
218	218	(c) A Travis County district court in which an action is
219	219	brought under this section, on its own motion or on motion of any
220	220	party, may request transfer of the action to the Court of Appeals
221	221	for the Fifteenth [Third] Court of Appeals District if the district
222	222	court finds that the public interest requires a prompt,
223	223	authoritative determination of the legal issues in the case and the
224	224	case would ordinarily be appealed. After filing of the district
225	225	court's request with the court of appeals, transfer of the action
226	226	may be granted by the court of appeals if it agrees with the
227	227	findings of the district court concerning the application of the
228	228	statutory standards to the action. On entry of an order by the
229	229	court of appeals granting transfer, the action is transferred to
230	230	the court of appeals for decision, and the agency decision in the
231	231	contested case is subject to judicial review by the court of
232	232	appeals. The administrative record and the district court record
233	233	shall be filed by the district clerk with the clerk of the court of
234	234	appeals. The court of appeals may direct the district court to
235	235	conduct any necessary evidentiary hearings in connection with the
236	236	action.
237	237	SECTION 1.11. Section 2301.751(a), Occupations Code, is
238	238	amended to read as follows:
239	239	(a) A party to a proceeding affected by a final order, rule,
240	240	or decision or other final action of the board with respect to a
241	241	matter arising under this chapter or Chapter 503, Transportation
242	242	Code, may seek judicial review of the action under the substantial
243	243	evidence rule in:
244	244	(1) a district court in Travis County; or
245	245	(2) the court of appeals for the Fifteenth [Third]
246	246	Court of Appeals District.
247	247	SECTION 1.12. Section 39.001(e), Utilities Code, is amended
248	248	to read as follows:
249	249	(e) Judicial review of competition rules adopted by the
250	250	commission shall be conducted under Chapter 2001, Government Code,
251	251	except as otherwise provided by this chapter. Judicial review of
252	252	the validity of competition rules shall be commenced in the Court of
253	253	Appeals for the Fifteenth [Third] Court of Appeals District and
254	254	shall be limited to the commission's rulemaking record. The
255	255	rulemaking record consists of:
256	256	(1) the notice of the proposed rule;
257	257	(2) the comments of all interested persons;
258	258	(3) all studies, reports, memoranda, or other
259	259	materials on which the commission relied in adopting the rule; and
260	260	(4) the order adopting the rule.
261	261	SECTION 1.13. (a) Except as otherwise provided by this Act,
262	262	the Court of Appeals for the Fifteenth Court of Appeals District is
263	263	created September 1, 2024.
264	264	(b) If the Court of Appeals for the Fifteenth Court of
265	265	Appeals District is created, the initial vacancies in the offices
266	266	of chief justice and justices of the court shall be filled by
267	267	appointment.
268	268	SECTION 1.14. (a) The changes in law made by this Act apply
269	269	to appeals perfected on or after September 1, 2024.
270	270	(b) On September 1, 2024, all cases pending in other courts
271	271	of appeal that were filed on or after September 1, 2023, and of
272	272	which the Court of Appeals for the Fifteenth Court of Appeals
273	273	District has exclusive intermediate appellate jurisdiction are
274	274	transferred to the Court of Appeals for the Fifteenth Court of
275	275	Appeals District.
276	276	(c) When a case is transferred as provided by Subsection (b)
277	277	of this section:
278	278	(1) all processes, writs, bonds, recognizances, or
279	279	other obligations issued from the other courts of appeal are
280	280	returnable to the Court of Appeals for the Fifteenth Court of
281	281	Appeals District as if originally issued by that court; and
282	282	(2) the obligees on all bonds and recognizances taken
283	283	in and for the other courts of appeal and all witnesses summoned to
284	284	appear in another court of appeals are required to appear before the
285	285	Court of Appeals for the Fifteenth Court of Appeals District as if
286	286	originally required to appear before the Court of Appeals for the
287	287	Fifteenth Court of Appeals District.
288	288	ARTICLE 2. CONFORMING AMENDMENTS
289	289	SECTION 2.01. Article 4.01, Code of Criminal Procedure, is
290	290	amended to read as follows:
291	291	Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The
292	292	following courts have jurisdiction in criminal actions:
293	293	1. The Court of Criminal Appeals;
294	294	2. Courts of appeals, other than the Court of Appeals
295	295	for the Fifteenth Court of Appeals District;
296	296	3. The district courts;
297	297	4. The criminal district courts;
298	298	5. The magistrates appointed by the judges of the
299	299	district courts of Bexar County, Dallas County, Tarrant County, or
300	300	Travis County that give preference to criminal cases and the
301	301	magistrates appointed by the judges of the criminal district courts
302	302	of Dallas County or Tarrant County;
303	303	6. The county courts;
304	304	7. All county courts at law with criminal
305	305	jurisdiction;
306	306	8. County criminal courts;
307	307	9. Justice courts;
308	308	10. Municipal courts;
309	309	11. The magistrates appointed by the judges of the
310	310	district courts of Lubbock County;
311	311	12. The magistrates appointed by the El Paso Council
312	312	of Judges;
313	313	13. The magistrates appointed by the Collin County
314	314	Commissioners Court;
315	315	14. The magistrates appointed by the Brazoria County
316	316	Commissioners Court or the local administrative judge for Brazoria
317	317	County; and
318	318	15. The magistrates appointed by the judges of the
319	319	district courts of Tom Green County.
320	320	SECTION 2.02. Article 4.03, Code of Criminal Procedure, is
321	321	amended to read as follows:
322	322	Art. 4.03. COURTS OF APPEALS. The Courts of Appeals, other
323	323	than the Court of Appeals for the Fifteenth Court of Appeals
324	324	District, shall have appellate jurisdiction coextensive with the
325	325	limits of their respective districts in all criminal cases except
326	326	those in which the death penalty has been assessed. This article
327	327	[Article] shall not be so construed as to embrace any case which has
328	328	been appealed from any inferior court to the county court, the
329	329	county criminal court, or county court at law, in which the fine
330	330	imposed or affirmed by the county court, the county criminal court
331	331	or county court at law does not exceed one hundred dollars, unless
332	332	the sole issue is the constitutionality of the statute or ordinance
333	333	on which the conviction is based.
334	334	SECTION 2.03. Article 44.25, Code of Criminal Procedure, is
335	335	amended to read as follows:
336	336	Art. 44.25. CASES REMANDED. The courts of appeals, other
337	337	than the Court of Appeals of the Fifteenth Court of Appeals
338	338	District, or the Court of Criminal Appeals may reverse the judgment
339	339	in a criminal action, as well upon the law as upon the facts.
340	340	SECTION 2.04. Section 31.001, Government Code, is amended
341	341	to read as follows:
342	342	Sec. 31.001. AUTHORITY FOR COUNTY PAYMENT OF COMPENSATION.
343	343	The commissioners courts in the counties of each of the 15 [14]
344	344	courts of appeals districts may pay additional compensation in an
345	345	amount that does not exceed the limitations of Section 659.012 to
346	346	each of the justices of the courts of appeals residing within the
347	347	court of appeals district that includes those counties. The
348	348	compensation is for all extrajudicial services performed by the
349	349	justices.
350	350	ARTICLE 3. SPECIFIC APPROPRIATION REQUIRED; EFFECTIVE DATE
351	351	SECTION 3.01. (a) Notwithstanding Section 22.201(a),
352	352	Government Code, as amended by this Act, and Sections 22.201(p) and
353	353	22.2151, Government Code, as added by this Act, the Court of Appeals
354	354	for the Fifteenth Court of Appeals District is not created unless
355	355	the legislature makes a specific appropriation of money for that
356	356	purpose. For purposes of this subsection, a specific appropriation
357	357	is an appropriation identifying the Court of Appeals for the
358	358	Fifteenth Court of Appeals District or an Act of the 88th
359	359	Legislature, Regular Session, 2023, relating to the creation of the
360	360	Court of Appeals for the Fifteenth Court of Appeals District.
361	361	(b) Notwithstanding Section 22.220(a), Government Code, as
362	362	amended by this Act, a court of appeals has the same jurisdiction
363	363	the court had on August 31, 2023, if the Court of Appeals for the
364	364	Fifteenth Court of Appeals District is not created as a result of
365	365	Subsection (a) of this section.
366	366	SECTION 3.02. This Act takes effect September 1, 2023.